Common use of Waiver of Certain Covenants Clause in Contracts

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 44 contracts

Sources: Indenture (Fat Brands, Inc), Indenture (Fat Brands, Inc), Indenture (Axos Financial, Inc.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(u), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(b) or 10.8 9.01(g) for the benefit of the Holders of such series or in Article VIII or Section 10.05, if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full fall force and effect.

Appears in 32 contracts

Sources: Subordinated Indenture (Eplus Inc), Subordinated Indenture (Pioneer Energy Services Corp), Indenture (Pioneer Energy Services Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any of Sections 1005 through 1008 or in any covenant provided pursuant to Sections 3.1(22Section 301(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 31 contracts

Sources: Subordinated Indenture (Bristow Helicopters Inc), Subordinated Indenture (Gulfport Appalachia, LLC), Subordinated Indenture (Epsilon Energy Ltd.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Sections 10.06 and 10.07, or, as specified pursuant to Sections 3.1(22)Section 3.01(19) for Securities of such series, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit in any covenants of the Holders Company added to this Article Ten pursuant to Section 3.01(19) in connection with Securities of such series series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallany series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee Trustees to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 30 contracts

Sources: Indenture (Curaleaf Holdings, Inc.), Indenture (Cybin Inc.), Indenture (Platinum Group Metals LTD)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company and the Subsidiary Guarantors may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any of Sections 1005 through 1008 or in any covenant provided pursuant to Sections 3.1(22Section 301(21), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 29 contracts

Sources: Senior Indenture (Falcon Aero Holdings LLC), Senior Indenture (Chord Energy Corp), Senior Indenture (Contango Venture Capital Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company and the Subsidiary Guarantors may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any of Sections 1005 through 1008 or in any covenant provided pursuant to Sections 3.1(22Section 301(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 28 contracts

Sources: Subordinated Indenture (Mind Technology, Inc), Subordinated Indenture (Falcon Aero Holdings LLC), Subordinated Indenture (Chord Energy Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company or the Guarantors, as the case may be, may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 Section 901(1) or 10.8 Section 901(12) for the benefit of the Holders of such series or in Article VIII, if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company or the Guarantors, as the case may be, and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 24 contracts

Sources: Indenture (Blackstone Inc.), Subordinated Indenture (Blackstone Holdings I L.P.), Indenture (Blackstone Holdings I L.P.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any of Sections 1005 through 1008 or in any covenant provided pursuant to Sections 3.1(22Section 301(21), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 15 contracts

Sources: Senior Indenture (Rearden Minerals, LLC), Senior Indenture (Whiting Petroleum Corp), Senior Indenture (Whiting Petroleum Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company and the Subsidiary Guarantors may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(21), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in Section 1005, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 14 contracts

Sources: Indenture (American Italian Pasta Co), Subordinated Indenture (American Italian Pasta Co), Indenture (Bay Valley Foods, LLC)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision or condition set forth in Section 12.05 (and, if so specified pursuant to Section 3.01, any other covenant not set forth herein and specified pursuant to Section 3.01 to be applicable to the Securities of any series, except as otherwise provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for Section 3.01) with respect to the benefit Debt Securities of the Holders of such any series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Debt Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent expressly so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 13 contracts

Sources: Indenture (Genesee & Wyoming Inc), Subordinated Debt Indenture (Calgon Carbon Corporation), Senior Debt Indenture (Calgon Carbon Corporation)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any of Sections 1005 through 1008 or in any covenant provided pursuant to Sections 3.1(22Section 301(21), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 Section 901(2) or 10.8 Section 901(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 13 contracts

Sources: Senior Indenture (Bristow Helicopters Inc), Senior Indenture (Gulfport Appalachia, LLC), Senior Indenture (Amplify Energy Corp.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(223.01(u), 9.1(29.01(b) or 9.01(g), 8.1, 10.4, 10.5, 10.6, 10.7 Article VIII or 10.8 Sections 10.04 or 10.05 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 13 contracts

Sources: Indenture (EyePoint Pharmaceuticals, Inc.), Indenture (Verb Technology Company, Inc.), Indenture (Tevogen Bio Holdings Inc.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company Corporation may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Corporation and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 11 contracts

Sources: Indenture (Amerant Bancorp Inc.), Indenture (FNB Corp/Pa/), Indenture (FNB Corp/Pa/)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(2) or 10.8 9.01(7) for the benefit of the Holders of such series series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, waived and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 11 contracts

Sources: Indenture (Wesbanco Inc), Indenture (Universal Stainless & Alloy Products Inc), Indenture (PPG Industries Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 Section 901(1) or 10.8 Section 901(11) for the benefit of the Holders of such series or in Article VIII, if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 10 contracts

Sources: Indenture (Blue Owl Capital Inc.), Indenture (BrightView Holdings, Inc.), Indenture (BrightView Holdings, Inc.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22), 8.1, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 10 contracts

Sources: Indenture (LTC Properties Inc), Indenture (LTC Properties Inc), Indenture (LTC Properties Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any of Sections 10.05 or in any covenant provided pursuant to Sections 3.1(22Section 3.01(21), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(2) or 10.8 9.01(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 10 contracts

Sources: Indenture (Hornbeck Offshore Trinidad & Tobago, LLC), Indenture (Hornbeck Offshore Trinidad & Tobago, LLC), Indenture (Energy Services Puerto Rico LLC)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(u), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(b) or 10.8 9.01(g) for the benefit of the Holders of such series or in Article VIII or Sections 10.04 or 10.05, if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 9 contracts

Sources: Indenture (Madrigal Pharmaceuticals, Inc.), Indenture (Madrigal Pharmaceuticals, Inc.), Indenture (Teledyne Technologies Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of any series, may omit in any --------------------------- particular instance to comply with any term, provision or condition set forth in Sections 1004 to 1008, inclusive, and with any covenant provided pursuant other term, provision or condition with respect to Sections 3.1(22)the Securities of any series specified in accordance with Section 301 (except any such term, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 provision or 10.8 for condition which could not be amended without the benefit consent of the all Holders of Securities of such series pursuant to Section 902), if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding all outstanding Securities of such series shallseries, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision covenant or condition, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 7 contracts

Sources: Indenture (Security Capital U S Realty), Indenture (Security Capital Group Inc/), Indenture (Security Capital U S Realty)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision covenant or condition set forth in any covenant provided Section 10.06, and, as specified pursuant to Sections 3.1(22)Section 3.01(xv) for Securities of any series, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit in any covenants of the Holders Company added to Article Ten pursuant to Section 3.01(xiv) or Section 3.01(xv) in connection with the Securities of such series a series, if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the all Outstanding Securities of such series shallseries, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision covenant or condition, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect.

Appears in 7 contracts

Sources: Indenture (Golub Capital Private Credit Fund), Indenture (Ares Capital Corp), Indenture (Carlyle Secured Lending, Inc.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(19), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in either of Sections 1006 or 1007, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 7 contracts

Sources: Indenture (Mho, LLC), Indenture (Mho, LLC), Indenture (M/I Homes of Alabama, LLC)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 2.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(222.01(16), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(4) or 10.8 9.01(7) for the benefit of the Holders holders of such series or in either of Sections 4.06 or 4.07 if before or after the time for such compliance the Holders holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act act of such Holdersholders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 7 contracts

Sources: Indenture (Hyperscale Data, Inc.), Indenture (Singing Machine Co Inc), Indenture (Ault Global Holdings, Inc.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Section 11.06 and Section 11.07, or, as specified pursuant to Sections 3.1(22)Section 3.01(17) for Securities of such series, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit in any covenants of the Holders Company added to this Article pursuant to Section 3.01(16) or Section 3.01(17) in connection with Securities of such series series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallany series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee Trustees to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 7 contracts

Sources: Indenture (Energy Fuels Inc), Indenture (Energy Fuels Inc), Indenture (Kimber Resources Inc.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(223.1(21), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 7 contracts

Sources: Indenture (Umb Financial Corp), Indenture (Forest Oil Corp), Indenture (Pharmacopeia Drug Discovery Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may, with respect to the Securities of any series, Any Obligor may omit in any particular instance to comply with any term, provision or condition set forth in Sections 12.1 and 12.3 through 12.5 (and, if so specified pursuant to Section 3.1, any other covenant not set forth herein and specified pursuant to Section 3.1 to be applicable to the Debt Securities of any series, except as otherwise provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for Section 3.1) with respect to the benefit Debt Securities of the Holders of such any series if before or after the time for such compliance the Holders holders of at least at least a majority in principal amount of the Outstanding Debt Securities of such series shall, by Act of such Holdersholders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent expressly so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 6 contracts

Sources: Indenture (Pinnacle Entertainment Inc), Indenture (Pinnacle Entertainment Inc), Indenture (Metro-Goldwyn-Mayer Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 2.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22)2.01(a)(16) , 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(4) or 10.8 9.01(7) for the benefit of the Holders holders of such series or in Section 4.06, if before or after the time for such compliance the Holders holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act act of such Holdersholders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 6 contracts

Sources: Indenture (Hyperscale Data, Inc.), Indenture (Singing Machine Co Inc), Indenture (Ault Global Holdings, Inc.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 2.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(222.01(16), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(4) or 10.8 9.01(7) for the benefit of the Holders holders of such series or in Section 4.06, if before or after the time for such compliance the Holders holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act act of such Holdersholders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 6 contracts

Sources: Indenture (Gamco Investors, Inc. Et Al), Indenture (Metlife Inc), Indenture (Metlife Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Sections 1006 and 1007, inclusive, or, as specified pursuant to Sections 3.1(22)Section 301(17) for Securities of such series, 9.1(2)in any covenants of the Company added to Article Ten pursuant to Section 301(17) in connection with Securities of such series, 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of if the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of affected by such series shallterm, provision or condition, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 5 contracts

Sources: Indenture (Lifevantage Corp), Indenture (Medicinova Inc), Indenture (pdvWireless, Inc.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision or condition set forth in Sections 12.5 and 12.6 (and, if so specified pursuant to Section 3.1, any other covenant not set forth herein and specified pursuant to Section 3.1 to be applicable to the Securities of any series, except as otherwise provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for Section 3.1) with respect to the benefit Debt Securities of the Holders of such any series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Debt Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent expressly so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 5 contracts

Sources: Subordinated Indenture (Talx Corp), Subordinated Indenture (Reinsurance Group of America Inc), Subordinated Indenture (Rga Capital Trust Ii)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Sections 905 to 907, inclusive, or, as specified pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 301(18) for the benefit of the Holders Securities of such series series, in any covenants added to Article Nine pursuant to Section 301(18) in connection with Securities of such series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallseries, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 5 contracts

Sources: Indenture (New Gold Inc. /FI), Indenture (Field Trip Health Ltd.), Trust Indenture (Osisko Gold Royalties LTD)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(2) or 10.8 9.01(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 5 contracts

Sources: Indenture (Marathon Oil Corp), Indenture (Atp Oil & Gas Corp), Indenture (Atp Oil & Gas Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 2.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(222.01(16), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(4) or 10.8 9.01(7) for the benefit of the Holders holders of such series or in any of Sections 4.06 to 4.08, inclusive, if before or after the time for such compliance the Holders holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act act of such Holdersholders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 4 contracts

Sources: Indenture (Metlife Inc), Indenture (Metlife Inc), Indenture (Metlife Capital Trust Iii)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company Corporation may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in any of Sections 1005 through 1009, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Corporation and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 4 contracts

Sources: Indenture (United States Steel Corp), Indenture (United States Steel Corp), Indenture (United States Steel Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of or any series, Guarantor may omit in any particular instance to comply with any term, provision or condition set forth in Sections 10.05 through 10.07, inclusive, and with any covenant provided pursuant other term, provision or condition with respect to Sections 3.1(22)the Securities of any series specified in accordance with Section 3.01 (except any such term, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 provision or 10.8 for condition which could not be amended without the benefit consent of the all Holders of Securities of such series pursuant to Section 9.02) if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shallseries, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 4 contracts

Sources: Indenture (Amvescap PLC/London/), Indenture (IVZ Inc), Indenture (IVZ Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision or condition set forth in Section 12.05 (and, if so specified pursuant to Section 3.01, any other covenant not set forth herein and specified pursuant to Section 3.01 to be applicable to the Securities of any series, except as otherwise provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for Section 3.01) with respect to the benefit Debt Securities of the Holders of such any series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Debt Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent expressly so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE THIRTEEN

Appears in 4 contracts

Sources: Indenture (Intermedia Communications Inc), Subordinated Debt Indenture (Scotts Company), Indenture (Genesee & Wyoming Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections Section 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 4 contracts

Sources: Indenture (Umb Financial Corp), Indenture (Umb Financial Corp), Indenture (Umb Financial Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(2) or 10.8 9.01(7) for the benefit of the Holders of such series or in Sections 10.05 to 10.07 inclusive if before or after the time for such compliance the Holders of at least not less than a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 4 contracts

Sources: Indenture (Liquid Media Group Ltd.), Indenture (Meta Financial Group Inc), Indenture Agreement (Finjan Holdings, Inc.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision or condition set forth in Sections 12.01 and 12.03 through 12.05 (and, if so specified pursuant to Section 3.01, any other covenant not set forth herein and specified pursuant to Section 3.01 to be applicable to the Debt Securities of any series, except as otherwise provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for Section 3.01) with respect to the benefit Debt Securities of the Holders of such any series if before or after the time for such compliance the Holders of at least at least a majority in principal amount of the Outstanding Debt Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent expressly so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE THIRTEEN

Appears in 4 contracts

Sources: Indenture (Hilton Hotels Corp), Indenture (Hilton Hotels Corp), Indenture (Hilton Hotels Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company or the Guarantor may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such HoldersHolders and by notice to the Trustee, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 4 contracts

Sources: Senior Indenture (Brown Tom Inc /De), Subordinated Indenture (Brown Tom Inc /De), Subordinated Indenture (Brown Tom Inc /De)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Sections 9.5 to 9.7, inclusive, or, as specified pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 3.1(19) for the benefit of the Holders Securities of such series series, in any covenants added to Article 9 pursuant to Section 3.1(19) in connection with Securities of such series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallseries, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 4 contracts

Sources: Trust Indenture (Taseko Mines LTD), Trust Indenture (Northern Dynasty Minerals LTD), Indenture (Northern Dynasty Minerals LTD)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 2.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(222.01(16), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(4) or 10.8 9.01(7) for the benefit of the Holders holders of such series or in Section 4.06 if before or after the time for such compliance the Holders holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act act of such Holdersholders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 4 contracts

Sources: Indenture (KEMPER Corp), Indenture (Unitrin Inc), Indenture (Unitrin Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(19), 9.1(2901(2), 8.1901(7), 10.41006, 10.51007, 10.6, 10.7 1008 or 10.8 1009 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 4 contracts

Sources: Indenture (Micron Technology Inc), Indenture (Micron Technology Inc), Indenture (Read Rite Corp /De/)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(223.1(21), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 10.7, or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 4 contracts

Sources: Indenture (Umb Financial Corp), Indenture (Umb Financial Corp), Indenture (Umb Financial Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(p), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(a) or 10.8 9.01(e) for the benefit of the Holders of Securities of such series or any term, provision or condition set forth in an indenture supplemental hereto, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. The Company shall provide the Trustee with written notification upon the waiver of any covenant.

Appears in 4 contracts

Sources: Indenture (Braskem Finance LTD), Indenture (Braskem Finance LTD), Indenture (Braskem Finance LTD)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 clause (r) of Section 301 or 10.8 clause (b) or (g) of Section 901 for the benefit of the Holders of such series or in Section 1005, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 4 contracts

Sources: Indenture (Five Star Quality Care Inc), Indenture (Five Star Quality Care Inc), Indenture (Five Star Quality Care Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 2.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(222.01(a)(16), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(4) or 10.8 9.01(7) for the benefit of the Holders holder of such series series, if before or after the time for such compliance the Holders holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act act of such Holdersholders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 4 contracts

Sources: Junior Subordinated Indenture (Jackson Financial Inc.), Subordinated Indenture (Equitable Holdings, Inc.), Junior Subordinated Indenture (Equitable Holdings, Inc.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(19), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in any of Sections 1006 through 1007 if before or after the time for such compliance the Holders of at least a majority 66-2/3% in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 4 contracts

Sources: Indenture (Pinnacle West Capital Corp), Indenture (Ugly Duckling Corp), Indenture (Pinnacle West Capital Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.1(b)(15), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 8.1(b) or 10.8 8.1(g) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act act of such HoldersHolders in accordance with Section 1.4, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 4 contracts

Sources: Senior Subordinated Indenture (Allied Waste Industries Inc), Senior Subordinated Indenture (Allied Waste Industries Inc), Senior Indenture (Allied Waste Industries Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in any of Sections 1006 to 1009, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 3 contracts

Sources: Indenture (Wendys International Inc), Indenture (Allstate Corp), Indenture (Allstate Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Section 9.5 to Section 9.7, inclusive, or, as specified pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 3.1(2)(u) for the benefit of the Holders Securities of such series series, in any covenants added to Article 9 pursuant Section 3.1(2)(u) to in connection with Securities of such series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallseries, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 3 contracts

Sources: Indenture (Valens Company, Inc.), Indenture (Cardiol Therapeutics Inc.), Indenture (Cardiol Therapeutics Inc.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Section 11.06 and Section 11.07, or, as specified pursuant to Sections 3.1(22)Section 3.01(17) for Securities of such series, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit in any covenants of the Holders Company added to this Article pursuant to Section 3.01(16) or Section 3.01(17) in connection with Securities of such series series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallany series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 3 contracts

Sources: Indenture (Uranium Energy Corp), Indenture (Uranium Energy Corp), Indenture (Uranium Energy Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(r), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(b) or 10.8 9.01(f) for the benefit of the Holders of such series or in Section 10.05, if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full fall force and effect.

Appears in 3 contracts

Sources: Subordinated Indenture (Magnum Hunter Resources Corp), Indenture (Magnum Hunter Resources Corp), Indenture (GreenHunter Energy, Inc.)

Waiver of Certain Covenants. Except as otherwise Subject to the rights of holders of Capital Trust Securities specified as contemplated by in Section 3.1 for Securities of such series902, if any, the Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision covenant or condition set forth in applicable to the Debt Securities of any covenant provided series pursuant to Sections 3.1(22)Section 301 unless such covenant or condition is determined pursuant to Section 301 not to be subject to this provision if, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of all series of the Debt Securities at the time Outstanding Securities of to which such series covenant or condition applies shall, acting together as a class, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision covenant or condition, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect.

Appears in 3 contracts

Sources: Indenture (Wells Fargo Capital Iv), Indenture (Popular Inc), Indenture (South Financial Group Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company The Issuer may, with respect to the Securities any Series of any seriesNotes, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of which affects such series Series if before or after the time for such compliance the Holders of at least a majority in principal amount of all Outstanding Notes of each Series affected by the Outstanding Securities omission (which, in the case of a covenant not set forth herein and specified pursuant to Section 3.1 to be applicable to the Notes of any Series, shall include only those Series to which such series shallcovenant is so specified to be applicable), shall in each case by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Issuer and the duties of the Trustee to Holders of Notes of such Series in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 3 contracts

Sources: Indenture (Brookfield Renewable Corp), Indenture (Brookfield Renewable Partners L.P.), Indenture (Brookfield Property Partners L.P.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such a specific series, the Company Corporation may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series series, in Article Eight, or in any of Sections 1005 through 1006, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Corporation and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN REDEMPTION OF SECURITIES

Appears in 3 contracts

Sources: Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, Inc.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such a specific series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(6) or 10.8 9.01(13) for the benefit of the Holders of such series series, in Article Eight or in any of Sections 10.05, 10.06, and 10.08 through 10.14 (inclusive), if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 3 contracts

Sources: Indenture (CNH Industrial Capital LLC), Indenture (New Holland Credit Company, LLC), Indenture (CNH Industrial Capital LLC)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such a specific series, the Company Corporation may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series series, in Article Eight, or in any of Sections 1005 through 1006, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Corporation and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 3 contracts

Sources: Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, Inc.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 Section 9.01(b) or 10.8 Section 9.01(c) for the benefit of the Holders of Securities of such series or any term, provision or condition set forth in an indenture supplemental hereto, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 3 contracts

Sources: Indenture (BBVA International Preferred, S.A. Unipersonal), Indenture (Bbva Subordinated Capital, S.A. Unipersonal), Indenture (BBVA International Preferred, S.A. Unipersonal)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 clause (r) of Section 301 or 10.8 clause (b) or (g) of Section 901 for the benefit of the Holders of such series or in Section 1005, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 3 contracts

Sources: Indenture (SNH Nebraska Inc), Indenture (SNH Nebraska Inc), Indenture (SNH Nebraska Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(2) or 10.8 9.01(7) for the benefit of the Holders of such series or in any of Sections 10.05 to 10.07 inclusive if before or after the time for such compliance the Holders of at least not less than a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 3 contracts

Sources: Indenture (Liquid Media Group Ltd.), Indenture (Associated Banc-Corp), Indenture (Associated Banc-Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Section 10.6 and Section 10.7, or, as specified pursuant to Sections 3.1(22)Section 3.1(17) for Securities of such series, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit in any covenants of the Holders Company added to this Article pursuant to Section 3.1(16) or Section 3.1(17) in connection with Securities of such series series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallany series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee Trustees to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 3 contracts

Sources: Indenture (North American Palladium LTD), Indenture (North American Palladium LTD), Indenture (North American Palladium LTD)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company Issuer may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided established pursuant to Sections 3.1(22Section 3.1(r), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 10.1(d) or 10.8 10.1(h) for the benefit of the Holders of such series or in Section 11.5, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Issuer and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 3 contracts

Sources: Indenture (Brookfield Renewable Corp), Indenture (Brookfield Renewable Partners L.P.), Indenture (BRP Bermuda Holdings I LTD)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(20), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(6) for the benefit of the Holders of such series or in any of Sections 1006, 1007 and 1009, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 3 contracts

Sources: Indenture (Wendys International Inc), Subordinated Indenture (Nuevo Energy Co), Subordinated Indenture (Nuevo Energy Co)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in any of Sections 1006 to 1009, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 3 contracts

Sources: Indenture (Wendys International Inc), Indenture (Reynolds & Reynolds Co), Indenture (Wendys International Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such a specific series, the Company may, with respect to the Securities of any one or more series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series if or in Sections 1004, 1006 or Article Eight if, before or after the time for such compliance compliance, the Holders of at least a majority in principal amount of the Outstanding Securities of all series affected by such series waiver (considered together as one class for this purpose) shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 3 contracts

Sources: Indenture (Key3media Events Inc), Subordinated Debt Indenture (Key3media Events Inc), Subordinated Debt Indenture (Key3media Group Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Section 803 or Sections 1006 through 1008 inclusive or, as specified pursuant to Sections 3.1(22)Section 301(17) for Securities of such series, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit in any covenants of the Holders Company added to Article Ten pursuant to Section 301(16) or Section 301(17) in connection with Securities of such series series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallany series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 3 contracts

Sources: Indenture (Encana Corp), Indenture (Encana Corp), Indenture (Encana Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(u), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(b) or 10.8 9.01(g) for the benefit of the Holders of such series or in Article VIII or Section 10.05, if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 3 contracts

Sources: Indenture (Eplus Inc), Indenture (Speed Commerce, Inc.), Indenture (Eplus Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(r), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 Section 9.01(b) or 10.8 Section 9.01(g) for the benefit of the Holders of such series or in any of Sections 10.01, 10.02, 10.06 or 10.07, or in Article Eight if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 3 contracts

Sources: Indenture (American Capital Senior Floating, Ltd.), Indenture (American Capital, LTD), Indenture (American Capital Strategies LTD)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision or condition set forth in this Indenture with respect to the Notes of any covenant provided pursuant to Sections 3.1(22)series that could be changed, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 modified or 10.8 for eliminated with the benefit consent of the Holders of such not less than a majority in aggregate principal amount of all of the Notes of each applicable series if then Outstanding pursuant to Section 9.02 if, before or after the time for such compliance compliance, the Holders of at least a majority in aggregate principal amount of all of the Notes of each applicable series then Outstanding Securities of such series affected thereby (treated as a single class) shall, by Act act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. For the avoidance of doubt, with respect to any series of Notes, the waiver of Holders of Notes of such series permitted by this Section 4.11, if the Company so determines, may also be obtained from the Holders of a majority in principal amount of the Notes of that series.

Appears in 2 contracts

Sources: Indenture (Eastman Chemical Co), Indenture (Eastman Chemical Co)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with (1) any term, provision or condition set forth in Sections 10.04 to 10.08, inclusive, or (2) any other covenant provided applicable to the Securities of any series pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for Section 3.01 which other covenant (i) does not expressly provide to the benefit contrary and (ii) is not of the Holders kind which could not be amended without the consent of the Holder of each Outstanding Security of such series pursuant to Section 9.02, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding all outstanding Securities of such series shallseries, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision provision, condition or conditioncovenant, but no such waiver shall extend to or affect such term, provision provision, condition or condition covenant except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision provision, condition or condition covenant shall remain in full force and effect.

Appears in 2 contracts

Sources: Indenture (Camden Property Trust), Indenture (American Campus Communities Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(19), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 Section 901(1) or 10.8 Section 901(7) for the benefit of the Holders of such series or in Article VIII, if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Sources: Indenture (Reynolds Presto Products Inc.), Indenture (Blue Ridge Paper Products LLC)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company Issuer may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided established pursuant to Sections 3.1(22Section 3.1(r), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 10.1(d) or 10.8 10.1(h) for the benefit of the Holders of such series or in Section 11.5, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Issuer and the duties of the Trustee Trustees in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Sources: Indenture (Brookfield Infrastructure Partners L.P.), Indenture (Brookfield Infrastructure US Holdings I Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.1(s), 9.1(2Section 9.1(b), 8.1Section 9.1(g), 10.4Section 10.6 or Section 10.7, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance instance, or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition condition, except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Sources: Indenture (Symantec Corp), Indenture (Symantec Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in Article Eight or in Sections 1005 to 1009 inclusive, or in any covenant provided pursuant to Sections 3.1(22Section 301(19), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Sources: Indenture (Scholastic Corp), Indenture (Scholastic Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Sections 10.06 and 10.07, or, as specified pursuant to Sections 3.1(22)Section 3.01(17) for Securities of such series, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit in any covenants of the Holders Company added to this Article pursuant to Section 3.01(16) or Section 3.01(17) in connection with Securities of such series series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallany series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee Trustees to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 2 contracts

Sources: Indenture (Zymeworks Inc.), Indenture (Zymeworks Inc.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Sections 10.06 and 10.07, or, as specified pursuant to Sections 3.1(22)Section 3.01(17) for Securities of such series, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit in any covenants of the Holders Company added to this Article pursuant to Section 3.01(16) or Section 3.01(17) in connection with Securities of such series series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallany series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee Trustees to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Sources: Indenture (Pretium Resources Inc.), Indenture (Vasogen Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in any of Sections 1005 to 1007, inclusive, if before or after the time for such compliance the Holders of at least not less than a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 2 contracts

Sources: Indenture (Amsouth Bancorporation), Indenture (First Tennessee National Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(17), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in Section 1004 or 1007, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Sources: Indenture (Heinz Hj Finance Co), Indenture (Heinz H J Co)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22)) , 9.1(2)) , 8.18.1 , 10.410.4 , 10.510.5 , 10.610.6 , 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Sources: Indenture (Univest Corp of Pennsylvania), Indenture (Univest Corp of Pennsylvania)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 2.3 for Securities of such series, the Company Issuer may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 2.3(12), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 8.1(c) or 10.8 8.1(e) for the benefit of the Holders of such series or in Section 3.6, 3.7, 3.9 or 3.10 if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Issuer and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Sources: Indenture (General Mills Inc), Indenture (General Mills Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any of Sections 1005 through 1008 or in any covenant provided pursuant to Sections 3.1(22)Section 301, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Sources: Senior Indenture (Global Ship Lease 13 LTD), Subordinated Indenture (Global Ship Lease 13 LTD)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision or condition set forth in any covenant not set forth herein and specified pursuant to Section 3.1 to be applicable to the Debt Securities of any series and to be subject to this Section 12.7), with respect to the Debt Securities of such series, except as otherwise provided pursuant to Sections 3.1(22)Section 3.1, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for with respect to the benefit of the Holders Debt Securities of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Debt Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent expressly so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Sources: Indenture (Sigma Aldrich Corp), Indenture (Sigma Aldrich Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to Section 3.1 for Securities of such series3.1, the Company may, 9.1(3) or 9.1(4) with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision covenant or condition, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. If the Securities of a series have not been registered under the Securities Act, the Holders of at least a majority in principal amount of such series, by Act of such Holders, may waive compliance by the Company with the Trust Indenture Act with respect to such series unless such compliance is otherwise required by the Trust Indenture Act.

Appears in 2 contracts

Sources: Trust Agreement (Privatebancorp Capital Trust Iv), Indenture (Privatebancorp Capital Trust Iv)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 2.02 for Securities of such seriesSeries, the Company Issuer and/or the Guarantors, as applicable, may, with respect to the Securities of any seriesSeries, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided herein or pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 Section 2.02(r) or 10.8 Section 9.01(c) for the benefit of the Holders of such series Series if before or after the time for such compliance the Holders of at least a majority 50% in principal amount of the Outstanding outstanding Securities of such series Series shall, by an Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Issuer and the Guarantors and the duties of the U.S. Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Sources: Indenture (South Bow USA Infrastructure Holdings LLC), Indenture (South Bow Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(19), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in any of Sections 1006 through 1007 if before or after the time for such compliance the Holders of at least a majority 66-2/3 % in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Sources: Indenture (Ugly Duckling Corp), Indenture (Ugly Duckling Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any of Sections 1005 through 1008 or in any covenant provided pursuant to Sections 3.1(22Section 301(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 2 contracts

Sources: Subordinated Indenture (Shaw Manufacturing & Services Inc), Subordinated Indenture (Gasco Energy Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 2.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 2.01(15) or 10.8 9.01(4) for the benefit of the Holders holder of such series or in any of Sections 4.07 and 4.08 if before or after the time for such compliance the Holders holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act act of such Holdersholders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Sources: Senior Indenture (Brighthouse Financial, Inc.), Senior Indenture (Brighthouse Financial, Inc.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, or in a supplemental indenture, the Company Companies or Parent may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(19), 9.1(2901(2), 8.1901(7), 10.41006, 10.51007, 10.6, 10.7 1008 or 10.8 for the benefit of the Holders of such series 1009 if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Companies and Parent and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Sources: Indenture (Genpact LTD), Indenture (Genpact Luxembourg S.a.r.l.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the each Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(r), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(b) or 10.8 9.01(g) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least not less than a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the such Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Sources: Indenture (Berkshire Hathaway Finance Corp), Indenture (Berkshire Hathaway Finance Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in any of Sections 1008 to 1009, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Sources: Indenture (King Pharmaceuticals Inc), Indenture (King Pharmaceuticals Inc)

Waiver of Certain Covenants. Except as otherwise Subject to the rights of holders of Trust Preferred Securities specified as contemplated by in Section 3.1 for Securities of such series902, if any, the Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision covenant or condition set forth in applicable to the Debt Securities of any covenant provided series pursuant to Sections 3.1(22)Section 301 unless such covenant or condition is determined pursuant to Section 301 not to be subject to this provision if, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of all series of the Debt Securities at the time Outstanding Securities of to which such series covenant or condition applies shall, acting together as a class, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision covenant or condition, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect.

Appears in 2 contracts

Sources: Indenture (Indymac Capital Trust I), Indenture (Indymac Bancorp Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Notwithstanding the provisions of Section 3.1 for Securities 1010 of such seriesthe Original Indenture, the Company may, with respect to the Securities of any series, Issuer may omit in any particular instance to comply with any term, provision or condition set forth in the Original Indenture and in this Supplemental Indenture and with any covenant provided pursuant other term, provision or condition with respect to Sections 3.1(22the Notes or either series thereof (except any such term, provision or condition which could not be amended without the consent of all Holders of the Notes or such series thereof, as applicable), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of Notes or such series shallthereof, as applicable, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision covenant or condition, but no such waiver shall extend to or affect such term, provision or condition except . Except to the extent so expressly waived, and, and until such waiver shall become effective, the obligations of the Company Issuer and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Sources: Supplemental Indenture (Mack Cali Realty Corp), Supplemental Indenture (Mack Cali Realty L P)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company Issuer may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided established pursuant to Sections 3.1(22Section 3.1(r), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 10.1(c) or 10.8 10.1(g) for the benefit of the Holders of such series or in any of Section 11.4(a) to (c), inclusive, and Section 11.5, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Issuer and the duties of the Trustee Trustees in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Sources: Indenture (Brookfield Asset Management Inc.), Indenture (Brookfield Asset Management Inc.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Section 10.06 and Section 10.07, or, as specified pursuant to Sections 3.1(22)Section 3.01(14) for Securities of such series, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit in any covenants of the Holders Company added to this Article pursuant to Section 3.01(14) in connection with Securities of such series series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallany series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee Trustees to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Sources: Indenture (Taseko Mines LTD), Indenture (Taseko Mines LTD)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to Section 3.1 for Securities of such series3.1, the Company may, 9.1(7) or 9.1(9) with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision covenant or condition, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. If the Securities of a series have not been registered under the Securities Act, the Holders of at least a majority in principal amount of such series, by Act of such Holders, may waive compliance by the Company with the Trust Indenture Act with respect to such series unless such compliance is otherwise required by the Trust Indenture Act.

Appears in 2 contracts

Sources: Indenture (PVH Corp. /De/), Indenture (PVH Corp. /De/)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Section 1006 or, as specified pursuant to Sections 3.1(22)Section 301(17) for Securities of such series, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit in any covenants of the Holders Company added to Article Ten pursuant to Section 301(15) or Section 301(17) in connection with Securities of such series series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallany series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Sources: Indenture (Imax Corp), Indenture (Imax Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company Operating Partnership may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in any of Sections 1005 through 1009, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Operating Partnership and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Sources: Indenture (Vornado Realty Lp), Indenture (Vornado Realty Lp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision or condition set forth in Section 12.05 (and, if so specified pursuant to Section 3.01, any other covenant not set forth herein and specified pursuant to Section 3.01 to be applicable to the Securities of any series, except as otherwise provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for Section 3.01) with respect to the benefit Debt Securities of the Holders of such any series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Debt Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent expressly so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE THIRTEEN REDEMPTION OF DEBT SECURITIES

Appears in 2 contracts

Sources: Subordinated Indenture (Tesoro Alaska Co), Senior Indenture (Tesoro Alaska Co)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to Section 3.1 for Securities of such series3.1, the Company may, 9.1(3) or 9.1(4) with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision covenant or condition, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. If the Securities of a series have not been registered under the Securities Act, the Holders of at least a majority in principal amount of such Aeries, by Act of such Holders, may waive compliance by the Company with the Trust Indenture Act with respect to such series unless such compliance is otherwise required by the Trust Indenture Act.

Appears in 2 contracts

Sources: Junior Subordinated Indenture (Evans Capital Trust III), Junior Subordinated Indenture (Bridge Statutory Capital Trust I)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided established pursuant to Sections 3.1(22Section 3.1(r), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.1(c) or 10.8 9.1(g) for the benefit of the Holders of such series or in any of Section 10.4(a) to 10.4(c), inclusive, and Section 10.5, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Sources: Indenture (Brookfield Asset Management Ltd.), Subordinated Indenture (Brookfield Asset Management Ltd.)